Court : Delhi
..... briefly stating the facts giving rise to filing the present petitions are that the petitioner/ complainant filed complaint(s) under section 138 of negotiable instruments act, 1881 ( ni act , for short) against respondents for the offence under section 138 of ni act. ..... an offence under section 138 of the negotiable instruments act, 1881 is committed no sooner a cheque drawn by the accused on an account being maintained by him in a bank for discharge of debt/liability is returned unpaid for insufficiency of funds or for the reason that the amount exceeds the arrangement ..... consequent on considerable consideration we think it expedient to direct that only those cases where, post the summoning and appearance of the alleged accused, the recording of evidence has commenced as envisaged in section 145(2) of the negotiable instruments act, 1881, will proceeding continue at that place. ..... general rule stipulated under section 177 crpc applies to cases under section 138 of the negotiable instruments act. ..... that being so, the complainant is well within its right to initiate prosecution for the offence under section 138 of the ni act at the place where the branch in which the cheque in question was presented for its encashment irrespective of the fact that such branch was not the home branch of the drawee bank where the accused was having a bank ..... it cannot be contested that considerable confusion prevails on the interpretation of section 138 in particular and chapter xvii in general of the ni act. .....
Tag this Judgment!Court : Delhi
..... consequent on considerable consideration we think it expedient to direct that only those cases where, post the summoning and appearance of the alleged accused, the recording of evidence has commenced as envisaged in section 145(2) of the negotiable instruments act, 1881, will proceeding continue at that place. ..... an offence under section 138 of the negotiable instruments act, 1881 is committed no sooner a cheque drawn by the accused on an account being maintained by him in a bank for discharge of debt/liability is returned unpaid for insufficiency of funds or for the reason that the amount exceeds the arrangement made ..... the factual matrix of the case is that the petitioner/ complainant filed complaint(s) under section 138 of negotiable instruments act, 1881 ( ni act , for short) against respondents for the offence under section 138 of ni act. ..... the general rule stipulated under section 177 crpc applies to cases under section 138 of the negotiable instruments act. ..... that being so, the complainant is well within its right to initiate prosecution for the offence under section 138 of the ni act at the place where the branch in which the cheque in question was presented for its encashment irrespective of the fact that such branch was not the home branch of the drawee bank where the accused was having the bank account in the said bank. ..... it cannot be contested that considerable confusion prevails on the interpretation of section 138 in particular and chapter xvii in general of the ni act. .....
Tag this Judgment!Court : Delhi
..... briefly stating the facts giving rise to filing the present petitions are that the petitioner/ complainant filed complaint(s) under section 138 of negotiable instruments act, 1881 ( ni act , for short) against respondents for the offence under section 138 of ni act. ..... an offence under section 138 of the negotiable instruments act, 1881 is committed no sooner a cheque drawn by the accused on an account being maintained by him in a bank for discharge of debt/liability is returned unpaid for insufficiency of funds or for the reason that the amount exceeds the arrangement ..... consequent on considerable consideration we think it expedient to direct that only those cases where, post the summoning and appearance of the alleged accused, the recording of evidence has commenced as envisaged in section 145(2) of the negotiable instruments act, 1881, will proceeding continue at that place. ..... general rule stipulated under section 177 crpc applies to cases under section 138 of the negotiable instruments act. ..... that being so, the complainant is well within its right to initiate prosecution for the offence under section 138 of the ni act at the place where the branch in which the cheque in question was presented for its encashment irrespective of the fact that such branch was not the home branch of the drawee bank where the accused was having a bank ..... it cannot be contested that considerable confusion prevails on the interpretation of section 138 in particular and chapter xvii in general of the ni act. .....
Tag this Judgment!Court : Delhi
..... briefly stating the facts giving rise to filing the present petitions are that the petitioner/ complainant filed complaint(s) under section 138 of negotiable instruments act, 1881 ( ni act , for short) against respondents for the offence under section 138 of ni act. ..... an offence under section 138 of the negotiable instruments act, 1881 is committed no sooner a cheque drawn by the accused on an account being maintained by him in a bank for discharge of debt/liability is returned unpaid for insufficiency of funds or for the reason that the amount exceeds the arrangement ..... consequent on considerable consideration we think it expedient to direct that only those cases where, post the summoning and appearance of the alleged accused, the recording of evidence has commenced as envisaged in section 145(2) of the negotiable instruments act, 1881, will proceeding continue at that place. ..... general rule stipulated under section 177 crpc applies to cases under section 138 of the negotiable instruments act. ..... that being so, the complainant is well within its right to initiate prosecution for the offence under section 138 of the ni act at the place where the branch in which the cheque in question was presented for its encashment irrespective of the fact that such branch was not the home branch of the drawee bank where the accused was having a bank ..... it cannot be contested that considerable confusion prevails on the interpretation of section 138 in particular and chapter xvii in general of the ni act. .....
Tag this Judgment!Court : Delhi
..... direct that only those cases where, post the summoning and appearance of the alleged accused, the recording of evidence has commenced as envisaged in section 145(2) of the negotiable instruments act, 1881, will proceeding continue at that place. ..... an offence under section 138 of the negotiable instruments act, 1881 is committed no sooner a cheque drawn by the accused on an account being maintained by him in a bank for discharge of debt/liability is returned unpaid for insufficiency of funds or for ..... petitioner filed complaint(s) under section 138 of negotiable instruments act, 1881 ( ni act , for short) against respondents for the offence under section 138 of ni act. ..... to cases under section 138 of the negotiable instruments act. ..... that being so, the complainant is well within its right to initiate prosecution for the offence under section 138 of the ni act at the place where the branch in which the cheque in question was presented for its encashment irrespective of the fact that such branch was not the home branch of the drawee bank where the accused ..... discussion, the moot question involved in all these petitions is as to whether delhi courts would have territorial jurisdiction to try the cases instituted under section 138 of ni act merely because the cheques in question are payable at par at all branches of drawee bank being multi-city cheques and one of the branches of drawee bank is situated ..... the interpretation of section 138 in particular and chapter xvii in general of the ni act. .....
Tag this Judgment!Court : Delhi
..... consequent on considerable consideration we think it expedient to direct that only those cases where, post the summoning and appearance of the alleged accused, the recording of evidence has commenced as envisaged in section 145(2) of the negotiable instruments act, 1881, will proceeding continue at that place. ..... an offence under section 138 of the negotiable instruments act, 1881 is committed no sooner a cheque drawn by the accused on an account being maintained by him in a bank for discharge of debt/liability is returned unpaid for insufficiency of funds or for the reason that the amount exceeds the arrangement made ..... the factual matrix of the case is that the petitioner/ complainant filed complaint(s) under section 138 of negotiable instruments act, 1881 ( ni act , for short) against respondents for the offence under section 138 of ni act. ..... the general rule stipulated under section 177 crpc applies to cases under section 138 of the negotiable instruments act. ..... that being so, the complainant is well within its right to initiate prosecution for the offence under section 138 of the ni act at the place where the branch in which the cheque in question was presented for its encashment irrespective of the fact that such branch was not the home branch of the drawee bank where the accused was having the bank account in the said bank. ..... it cannot be contested that considerable confusion prevails on the interpretation of section 138 in particular and chapter xvii in general of the ni act. .....
Tag this Judgment!Court : Delhi
..... briefly stating the facts giving rise to filing the present petitions are that the petitioner/ complainant filed complaint(s) under section 138 of negotiable instruments act, 1881 ( ni act , for short) against respondents for the offence under section 138 of ni act. ..... an offence under section 138 of the negotiable instruments act, 1881 is committed no sooner a cheque drawn by the accused on an account being maintained by him in a bank for discharge of debt/liability is returned unpaid for insufficiency of funds or for the reason that the amount exceeds the arrangement ..... consequent on considerable consideration we think it expedient to direct that only those cases where, post the summoning and appearance of the alleged accused, the recording of evidence has commenced as envisaged in section 145(2) of the negotiable instruments act, 1881, will proceeding continue at that place. ..... general rule stipulated under section 177 crpc applies to cases under section 138 of the negotiable instruments act. ..... that being so, the complainant is well within its right to initiate prosecution for the offence under section 138 of the ni act at the place where the branch in which the cheque in question was presented for its encashment irrespective of the fact that such branch was not the home branch of the drawee bank where the accused was having a bank ..... it cannot be contested that considerable confusion prevails on the interpretation of section 138 in particular and chapter xvii in general of the ni act. .....
Tag this Judgment!Court : Delhi
..... to direct that only those cases where, post the summoning and appearance of the alleged accused, the recording of evidence has commenced as envisaged in section 145(2) of the negotiable instruments act, 1881, will proceeding continue at that place. ..... an offence under section 138 of the negotiable instruments act, 1881 is committed no sooner a cheque drawn by the accused on an account being maintained by him in a bank for discharge of debt/liability is returned unpaid for insufficiency of funds or for the ..... that the petitioner/ complainant filed complaint(s) under section 138 of negotiable instruments act, 1881 ( ni act , for short) against respondents for the offence under section 138 of ni act. ..... negotiable instruments act. ..... that being so, the complainant is well within its right to initiate prosecution for the offence under section 138 of the ni act at the place where the branch in which the cheque in question was presented for its encashment irrespective of the fact that such branch was not the home branch of the drawee bank where the accused was ..... discussion, the moot question involved in all these petitions is as to whether delhi courts would have territorial jurisdiction to try the cases instituted under section 138 of ni act merely because the cheques in question are payable at par at all branches of drawee bank being multi-city cheques and one of the branches of drawee bank is situated ..... on the interpretation of section 138 in particular and chapter xvii in general of the ni act. .....
Tag this Judgment!Court : Delhi
..... to direct that only those cases where, post the summoning and appearance of the alleged accused, the recording of evidence has commenced as envisaged in section 145(2) of the negotiable instruments act, 1881, will proceeding continue at that place. ..... an offence under section 138 of the negotiable instruments act, 1881 is committed no sooner a cheque drawn by the accused on an account being maintained by him in a bank for discharge of debt/liability is returned unpaid for insufficiency of funds or for the ..... that the petitioner/ complainant filed complaint(s) under section 138 of negotiable instruments act, 1881 ( ni act , for short) against respondents for the offence under section 138 of ni act. ..... negotiable instruments act. ..... that being so, the complainant is well within its right to initiate prosecution for the offence under section 138 of the ni act at the place where the branch in which the cheque in question was presented for its encashment irrespective of the fact that such branch was not the home branch of the drawee bank where the accused was ..... discussion, the moot question involved in all these petitions is as to whether delhi courts would have territorial jurisdiction to try the cases instituted under section 138 of ni act merely because the cheques in question are payable at par at all branches of drawee bank being multi-city cheques and one of the branches of drawee bank is situated ..... on the interpretation of section 138 in particular and chapter xvii in general of the ni act. .....
Tag this Judgment!Court : Delhi
..... consequent on considerable consideration we think it expedient to direct that only those cases where, post the summoning and appearance of the alleged accused, the recording of evidence has commenced as envisaged in section 145(2) of the negotiable instruments act, 1881, will proceeding continue at that place. ..... an offence under section 138 of the negotiable instruments act, 1881 is committed no sooner a cheque drawn by the accused on an account being maintained by him in a bank for discharge of debt/liability is returned unpaid for insufficiency of funds or for the reason that the amount exceeds the arrangement made ..... the factual matrix of the case is that the petitioner/ complainant filed complaint(s) under section 138 of negotiable instruments act, 1881 ( ni act , for short) against respondents for the offence under section 138 of ni act. ..... the general rule stipulated under section 177 crpc applies to cases under section 138 of the negotiable instruments act. ..... that being so, the complainant is well within its right to initiate prosecution for the offence under section 138 of the ni act at the place where the branch in which the cheque in question was presented for its encashment irrespective of the fact that such branch was not the home branch of the drawee bank where the accused was having the bank account in the said bank. ..... it cannot be contested that considerable confusion prevails on the interpretation of section 138 in particular and chapter xvii in general of the ni act. .....
Tag this Judgment!